Where in the Focalpoint Coaching Franchise Agreement can I find information about Modification of the Franchise System?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
- (1) Franchisor and its affiliates have expended considerable time and effort in developing a system relating to the establishment and operation of FocalPoint franchised businesses (each a "FocalPoint Franchised Business"), offering business training and consulting to small businesses and professionals (collectively, the "Services") utilizing the Franchise System (as defined below) and specialized products produced or manufactured using the designs developed by Franchisor and its affiliates (the "Proprietary Products"). These Services are provided by FocalPoint franchise owners operating FocalPoint Franchised Businesses, which operate under distinctive methods, procedures, standards and specifications, all of which Franchisor may improve, further develop or otherwise modify from time to time.
- (2) Franchisor uses, promotes and licenses certain trademarks, service marks and other commercial symbols in operating FocalPoint Franchised Businesses, including the service marks "FOCALPOINT™", "FOCALPOINT INTERNATIONAL™", "FOCALPOINT COACHING EXCELLENCE POWERED BY BRIAN TRACY®" and such other trade names, service marks, trademarks, logos, emblems, domain names, and indicia of origin which have gained and continue to gain public acceptance and goodwill, and may create, use and license other trademarks, service marks and commercial symbols for FocalPoint Franchised Businesses (collectively, the "Marks").
- (3) Franchisor grants to certain persons who meet Franchisor's qualifications, and are willing to undertake the investment and effort, a franchise to own and operate a FocalPoint Franchised Business offering the Proprietary Products and Services Franchisor authorizes and using Franchisor's business formats, methods, procedures, signs, designs, layouts, standards, specifications and Marks (the "Franchise System").
- (4) As a franchise owner of a FocalPoint Franchised Business, Franchisee will comply with this Agreement and all System Standards (defined below) in order to maintain the high and consistent quality that is critical to attracting and keeping clients for FocalPoint Franchised Businesses.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, the Franchise Agreement acknowledges that Focalpoint Coaching may improve, further develop, or otherwise modify the Franchise System from time to time. Specifically, the Franchise System includes Focalpoint Coaching's business formats, methods, procedures, signs, designs, layouts, standards, specifications, and Marks.
This means that as a Focalpoint Coaching franchisee, you must adhere to any changes or updates the company makes to its operating system. These modifications can range from minor adjustments to significant overhauls of how the business is run. It is important to stay informed about these changes through communications from Focalpoint Coaching, such as updates to the operations manual or training materials.
The agreement also states that Focalpoint Coaching uses and licenses certain trademarks, service marks, and other commercial symbols, and may create, use, and license other trademarks, service marks, and commercial symbols for Focalpoint Franchised Businesses. This indicates that the company has the right to change its branding and marketing strategies, which could impact how franchisees promote their businesses. Franchisees should be aware of these potential changes and adapt their marketing efforts accordingly.
Furthermore, the Franchise Agreement emphasizes that as a franchise owner, you must comply with the agreement and all System Standards to maintain the high and consistent quality that is critical to attracting and keeping clients. This underscores the importance of adhering to any modifications made to the Franchise System to ensure consistency across all Focalpoint Coaching locations and to uphold the brand's reputation.